HomeMy WebLinkAbout960070.tiff RESOLUTION
RE: APPROVE LAW ENFORCEMENT SERVICE AGREEMENT WITH TOWN OF SEVERANCE
AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Law Enforcement Service Agreement
between the County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, on behalf of the Weld County Sheriff, and the Town of Severance, commencing
January 1, 1996, and ending December 31, 1996, with further terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Law Enforcement Service Agreement between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Weld County Sheriff, and the Town of Severance be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of January, A.D., 1996, nunc pro tunc January 1, 1996.
BOARD OF COUNTY COMMI SIONERS
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WE D COUNTY, COLORAD ,
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960070
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LAW ENFORCEMENT SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this7 day of December, 1995 by and between
the COUNTY OF WELD and the WELD COUNTY SHERIFF,by and through the Board of County
Commissioners of Weld County, hereinafter referred to as "County," and the TOWN OF
SEVERANCE, POST OFFICE BOX 122, SEVERANCE, CO, hereinafter referred to as the
"Town."
WHEREAS, Town is desirous of entering into an agreement with County for the
performance of law enforcement services over and above the regular law enforcement service level
provided by the County Sheriff; and
WHEREAS, County is willing to render such additional services and law enforcement
protection on the terms and conditions set forth in this Agreement; and
WHEREAS, such agreements are authorized by Section 29-1-203, C.R.S., and the Weld
County Home Rule Charter, Article II, Sections 2- 3.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises contained herein,the parties hereto agree as follows:
1. SERVICES TO BE PROVIDED BY COUNTY
County,by and through the Weld County Sheriff, shall provide to Town, within its
corporate limits, the additional law enforcement services of a Town Marshall as
authorized by Section 31-4-306, C.R.S., and as hereinafter limited or expanded by
this Agreement. Such services shall hereafter be referenced as "Town Marshall
Services."
A. Directly Committed Patrol Services
County will provide to Town patrol services directly committed to Town
according to a regular schedule mutually established by Town and County.
This schedule shall be subject to modification from time to time by
agreement of the parties. However, the Weld County Sheriff retains ultimate
authority to reassign, at any time, any Sheriffs personnel performing this
directly committed patrol service to law enforcement needs elsewhere
through the county. In such case, the Sheriff, in his discretion, may provide
any unfulfilled scheduled patrol service later in the same scheduled day.
Town shall be responsible for payment, pursuant to this Agreement, only for
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actual patrol services provided within Town's corporate limits.
B. Other Services
As part of, or in addition to, the directly committed patrol services described
above, County's Town Marshall Services to Town will include the following
services to be performed within Town's corporate limits:
1. Investigation and enforcement of Town Ordinance violations as set
forth in this Agreement.
2. Investigation and enforcement of Colorado Statute violations.
3. Investigation of traffic accidents.
4. Crime analysis and management information.
5. Deployment to address specific community needs.
6. Officer to the Municipal Court.
So long as Town has an established Municipal Court,County will enforce the
duly enacted Town Ordinance sections listed in Schedule A, attached hereto
and incorporated herein by reference. Town shall provide County with any
and all amendments to these designated Ordinance sections immediately
upon their enactment by Town. However, the Sheriff will not enforce the
Town Ordinance section violations designated in Schedule A which carry
penalties more severe than a petty offense as defined at Section 18-1-107,
C.R.S. Such more serious offenses will be enforced by the Sheriff through
the corresponding Colorado State Statutes in the County and District Courts
of Weld County.
C. Exceptions to Service
County will not impound, contain, or transport animals-at-large or collect
trash dumped or deposited in violation of the Town Ordinances in the
absence of a separate written agreement for such services.
D. Labor and Equipment
County shall furnish and supply all labor, supervision, training, equipment,
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communications facilities for dispatch, and all supplies necessary for the
provision of the additional level of law enforcement services to Town set
forth in this Agreement. Town shall not be liable for the direct payment of
salaries, wages, or other compensation to County personnel performing the
services set forth in this Agreement on behalf of the County. County shall
provide the necessary workers' compensation coverage and unemployment
compensation coverage for County's employees who are designated to fulfill
the terms of this Agreement.. In addition, County is responsible to pay the
Federal and State Income Tax withholdings for all County employees
designated to fulfill the terms of this Agreement.
The standards and procedures for performance of the terms of this
Agreement, the discipline of Sheriffs Deputies fulfilling the terms of this
Agreement, and other matters incidental to the performance of the terms of
this Agreement shall at all times remain exclusively vested in the Weld
County Sheriff and not in Town, its officers and agents. Generally,
performance standards, procedures, and discipline for those deputies
performing the terms of this Agreement shall be consistent with the
performance standards, procedures, and discipline required of deputies
providing service in unincorporated areas of Weld County.
E. Monthly Report
The Sheriff shall provide a monthly report to Town detailing the dates,times
of law enforcement, and public service activities provided to Town pursuant
to this Agreement. An example of the format of and information contained
in the monthly report is contained in Schedule B, attached hereto and
incorporated herein by reference.
F. Availability of Sheriff
Upon the request of the Town Board,the Sheriff or his designee shall appear
before the Town Board on one (1) occasion per month for purposes of
administering this Agreement. Appearances by the Sheriff or his designee in
excess of this one (1) appearance per month will be assessed to Town as
hourly service at the hourly rate set forth in Section 67.A, below.
G. County Contact Person
The Sheriff or his designee shall act as the County Contact Person for
purposes of the administration of this Agreement. Until further notice is
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received, the County Contact Person shall be the individual named in
Schedule C, attached hereto and incorporated herein by reference. Any
change in the County Contact Person shall be effective upon ten (10) days
advance written notice to the Town Agreement Monitor, referenced in
Section 2.C, below. The designated County Contact Person and the Town
Agreement Monitor shall work toward the common purpose of enhancing the
effectiveness of law enforcement in the Town. It is understood that the Town
Agreement Monitor will forward all complaints or concerns from Town in
relation to this Agreement to the designated County Contact Person. The
designated County Contact Person will make all reasonable efforts to respond
to complaints and /or concerns and to take prompt action to address the
complaints and concerns.
2. SERVICES PROVIDED BY TOWN
A. Municipal Court
Town acknowledges that County's enforcement of the Town Ordinances
attached to this Agreement in Schedule A is conditioned upon Town
establishing and maintaining a Municipal Court pursuant to the applicable
provisions of the Town Ordinances, the Town Charter,the Constitution and
laws of the State of Colorado, and of the Constitution of the United States.
B. Town Facilities
Town agrees to provide at no cost to County liberal access to Town Hall
facilities for administrative use such as interviews and completion of reports.
C. Town Agreement Monitor
In order to administer this Agreement effectively, Town shall designate an
Agreement Monitor. Until further notice is received,the Town Agreement
Monitor shall be the individual named in Schedule C, attached hereto and
incorporated herein by reference. Any change in the Town Agreement
Monitor shall be effective upon ten (10) days advance written notice to the
County Contact Person. The Town Agreement Monitor and the County
Contact Person shall work toward the common purpose of enhancing the
effectiveness of law enforcement services in the Town. The Town
Agreement Monitor shall forward all complaints or concerns from Town in
relation to this Agreement to the County Contact Person. The County
Contact Person will make all reasonable efforts to respond to complaints
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and/or concerns and to take prompt action to address the complaints and
concerns.
3. MISCELLANEOUS PROVISIONS
A. Town Jail
Town acknowledges that this Agreement in no way affects Town's general
police power to establish and erect a Town Jail. Town also acknowledges
that this Agreement does not constitute the consent of the Board of County
Commissioners of Weld County for the use of the Weld County Jail for the
confinement and punishment of Town Ordinance offenders. See Sections 31-
15-4012(1)(j) and (k), C.R.S.
B. Ordinance Fines
Any and all fines collected as a result of violations of Town Ordinances shall
be paid to Town for uses to be determined by Town.
4. AGREEMENT TERM
This Agreement shall be effective upon final execution by the appropriate officers
of both parties. The term of this Agreement shall be from the date of final execution
January 1, 1996 to and until December 31, 1996, and shall be renewed automatically
on a year-by-year basis thereafter unless sooner terminated by either party in writing
served upon the other party no later than sixty (60)days prior to the expected date of
termination. Any renewal of this Agreement shall be subject to changes in the hourly
rate schedule as provided by the Weld County Sheriffs Office which is set forth in
Schedule C. County agrees to notify Town of any expected changes in said rate
schedule at least ninety (90) days prior to the annual renewal date hereof.
5. TERMINATION
This Agreement may be unilaterally terminated by either party with or without cause
by sixty (60) days written notice delivered to the other party in accordance with
Section 7, "Notices," or as otherwise provided in this Agreement.
6. COST AND REIMBURSEMENT
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A. Contract Amount
Except as otherwise provided in this Agreement, all services rendered to
Town by County pursuant to the terms of this Agreement shall be billed to
Town at the rate set forth in Schedule C attached hereto and incorporated
herein by reference. If this maximum cumulative total is depleted prior to the
expiration of the term of this Agreement, County may, at its option,
immediately terminate this Agreement and thereby render void all of
County's obligations hereunder.
B. Municipal County Appearances
Town will reimburse County for any required Municipal Court appearances
by Sheriffs Deputies who are not otherwise performing scheduled directly
committed patrol services. Each Municipal Court appearance by a Sheriffs
Deputy shall be billed at least at the rate of two hours of deputy service time
even if the appearance required less than two hours. If the appearance
requires more than two hours, Town will reimburse County for the actual
time of the appearance at the hourly rate specified in Section 6.A, above.
C. Weld County Court and Weld District Court Appearances
Town will not be required to reimburse County for appearances by Weld
Sheriffs Deputies in Weld County Court or Weld District Court even if the
alleged violation occurred within the incorporated limits of the Town.
D. Investigation and Prosecution Expenses
Town will not be required to reimburse County for time and expenses
associated with the investigation and prosecution of violations of Colorado
Statutes. However,Town will be required to reimburse County for actual
time and related expenses associated with the investigation of Town
Ordinance violations and administrative investigations, including, but not
limited to, liquor licensing hearings. Reimbursement by Town to County
will be at the hourly rate referenced above in Section 6.A when time for such
investigations is required in addition to the regularly scheduled directly
committed patrol services.
E. Billing Dates
Within ten (10) days following the last day of a calendar month, the Weld
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County Sheriff will provide a written billing statement to Town supported by
the monthly report described in Section 1.E, above.
F. Town hereby agrees to pay each statement within forty-five (45) days
following the month for which these services are billed. If payment from
Town is not received by the forty-fifth (45th) date referenced above, the
Sheriff may, in his discretion, terminate all service under this Agreement.
Written notice of this immediate termination shall be provided by the Sheriff
to Town and to the Board of County Commissioners of Weld County
pursuant to Section 7, below.
7. NOTICES
Any notice provided for in this Agreement shall be in writing and shall be served by
personal delivery or by certified mail, return receipt requested, postage prepared, at
the addresses listed in Schedule D, attached hereto and incorporated herein by
reference, until such time as written notice of a change is received from the other
party. Any notice so mailed and any notice served by personal delivery shall be
deemed delivered and effective upon receipt or upon attempted delivery. This
method of notification will be used in all instances, except for emergency situations
when immediate notification may be provided to the Town Agreement Monitor or
the County Contact Person.
8. RESPONSIBILITY FOR LEGAL PROCEEDINGS
Town shall be responsible for defending itself, its officers, and employees in any
civil action brought against Town, its officers, and employees by any person
claiming injury and damages as a result of the performance of this Agreement.
Likewise, County shall be responsible for defending itself, its officers, and
employees in any civil action brought against County, its officers, and employees by
any person claiming injury and damages as a result of the performance of this
Agreement. Town, its officers, and employees shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of County, or any
officer or employee thereof, arising out of the performance of this Agreement.
Likewise, County, its officers, and employees shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of Town, or any officer
or employee thereof, arising out of the performance of the terms of this Agreement.
9. NO THIRD 1'ARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that enforcement of the terms and conditions
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of this Agreement, and all rights of action relative to such enforcement, shall be
strictly reserved to Town and County,and nothing contained in this Agreement shall
give or allow any claim or right of action whatsoever by any other person on this
Agreement. It is the express intention of Town and County that any entity,other than
Town or County receiving services or benefits or who is otherwise affected by the
performance of the terms of this Agreement, shall be deemed an incidental
beneficiary only.
10. MODIFICATION AND BREACH
This Agreement and the attached Schedules contain the entire agreement and
understanding between the parties and hereby supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, notation, renewal, or other alteration of or to this
Agreement and the attached Schedules shall be deemed valid or of any force or effect
whatsoever,unless mutually agreed upon in writing by the parties. No breach of any
term, provision, or clause of this Agreement and the attached Schedules shall be
deemed waived or excused, unless such waiver or consent shall be in writing and
signed by the party claimed to have waived or consented. Any consent by any party
to, or waiver of, a breach by the other, whether express or implied, shall not
constitute a consent, waiver of, or excuse for any other different or subsequent
breach.
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11. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the
original intent of the parties.
!A COUNTY OF WELD AND THE WELD
M/t SHERIFF, BY AND THROUGH THE COUNTY
CEER THE BOARD OF BOARD OF COUNTY COMMISSIONERS
COUNT OMMISSIONERS OF WELD COUNTY, COLORADO
ii
ii* , k / /ikkicti� BY/-22/2't 4, :: : l/(r :1'i/,, fir:
Deputy ClerMlo the Board a a e A Cirkmeyer, C ir 01/15/96
l(
APPROVED AS TO FORM: `It Y: r
We ounty Attorney
ATTEST: TOWN OF SEVERANCE
j 1
�t BY: z 4.---
Town Clerk Mayor
APPROVED AS TO FORM:
BY:AI—
Town Attorney // �
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SCHEDULE A
The Weld County Sheriff will enforce only the following listed Sections of the attached
Ordinances of the Town:
Model Traffice Code adopted in 1978
SCHEDULE B
The attached document is a sample of the Month Report format to be provided by County
to Town pursuant to this Agreement:
To remain the same billings
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SCHEDULE C
1. Until further notice is received, the County Contact Person shall be:
Mgr. Rick Bauer
910 10th Ave, Greeley, CO 80631
970-356-4015 ext 4660
2. Until further notice is received, Town's Agreement Monitor shall be:
Keith Kline, Mayor
P. O. Box 122, Severance, Co
970-227-4425 (mobile phone)
3. The hourly rate comprising the contract amount of this fiscal agreement shall be $30.00 per
hour per Deputy.
4. The maximum cumulative total that Town may be billed for service during the term of this
fiscal agreement is $12,000.00.
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SCHEDULE D
1. Any notice to County provided for in this Agreement shall be sent to:
Mgr. Rick Bauer
910 10th Ave, Greeley, CO 80631
970-356-4015 ext 4660
2. Any notice to Town provided for in this Agreement shall be sent to:
Keith Kline, Mayor
P. O. Box 122, Severance, Co
970-227-4425 (mobile phone)
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